Cloud of death penalty

Associated Press

Updated 7:28 am, Wednesday, March 13, 2013

James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

James Holmes, Aurora theater shooting suspect, sits in the...

Chantel Blunk, left, sits on the floor with friends waiting to get into the courtroom for the arraignment of Aurora theater shooting suspect James Holmes in Centennial, Colo., on Tuesday, March 12, 2013. Chantel's husband Jon was killed in the shooting. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. Holmes is charged with killing 12 people and wounding more than 50 in a crowded Colorado movie theater last year. (AP Photo/Ed Andrieski)

Chantel Blunk, left, sits on the floor with friends waiting to get...

Aurora theater shooting victim Marcus Weaver speaks with members of the media following the arraignment of Aurora shooting suspect James Holmes, at district court in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. Holmes is charged with killing 12 people and wounding more than 50 in a crowded Colorado movie theater last year. (AP Photo/Brennan Linsley)

Family members and victims arrive at district court for the arraignment of James Holmes, Aurora theater shooting suspect, in Centennial, Colo., on Tuesday, March 12, 2013. Holmes is charged with killing 12 people and wounding more than 50 in a crowded Colorado movie theater last year. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Ed Andrieski)

Family members and victims arrive at district court for the...

James Holmes parents Robert and Arlene Holmes arrive at district court for the arraignment of their son Aurora theater shooting suspect James Holmes in Centennial, Colo., on Tuesday, March 12, 2013. The judge has entered a not guilty on behalf of James Holmes after his lawyer said he's not ready to enter a plea. Holmes is charged with killing 12 people and wounding more than 50 in a crowded Colorado movie theater last year. (AP Photo/Ed Andrieski)

James Holmes parents Robert and Arlene Holmes arrive at district...

House Speaker Mark Ferrandino, second from right, and Rep. Sue Schafer, D-Thornton, share the podium as they speak on the Civil Unions Bill in the House Chamber at the Capitol on Monday, March 11, 2013. House Minority leader Mark Waller, R-Colorado Springs and Rep. Brian DelGrosso, R-Loveland, talk in the background. The proposal got initial approval with a voice vote in the Democratic-controlled House on Monday. (AP Photo/Ed Andrieski)

House Speaker Mark Ferrandino, second from right, and Rep. Sue...

James Holmes defense attorney Daniel King is pictured during the arraignment of Holmes, the Aurora theater shooting suspect, in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

James Holmes defense attorney Daniel King is pictured during the...

Judge William Blair Sylvester speaks during James Holmes' arraignment, where he entered a guilty plea for Holmes, in district court in Centennial, Colo., on Tuesday, March 12, 2013. Sylvester entered a not guilty plea on behalf of James Holmes after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

Judge William Blair Sylvester speaks during James Holmes'...

District Attorney George Brauchler, standing at podium, addresses the court during the arraignment of James Holmes, Aurora theater shooting suspect, in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

District Attorney George Brauchler, standing at podium, addresses...

James Holmes sits with defense attorney Tamara Brady during his arraignment in district court in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

James Holmes sits with defense attorney Tamara Brady during his...

James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

James Holmes, Aurora theater shooting suspect, sits in the...

Defense attorney Daniel King arrives at district court for the arraignment of James Holmes, Aurora theater shooting suspect, in Centennial, Colo., on Tuesday, March 12, 2013. Holmes is charged with killing 12 people and wounding more than 50 in a crowded Colorado movie theater last year. The hearing was delayed as King arrived 30 minutes late because of weather and traffic. (AP Photo/Ed Andrieski)

Defense attorney Daniel King arrives at district court for the...

Defense attorney Tamara Brady talks to defendant James Holmes during his arraignment in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

CENTENNIAL, Colo. — A bearded and bushy-haired James Holmes sat quietly as a packed courtroom waited Tuesday for a plea that could help shed light on a deadly shooting rampage he is accused of going on in a crowded Colorado movie theater last summer.

Instead, his lawyers told the judge they weren't ready to enter a plea — despite numerous delays since the July 20 attack that killed 12 people and injured 70 at a midnight showing of "The Dark Knight Rises."

A barely audible gasp rose from dozens of family members and victims.

"So how am I supposed to make an informed decision?" Judge William Sylvester asked pointedly, his gaze fixed on defense lawyer Daniel King, before the judge entered a not guilty plea on Holmes' behalf.

Victims were relieved by Sylvester's action.

"It's been since July," said Marcus Weaver, who was shot in the arm and who lost friend Rebecca Wingo in the attack. "We're just so thankful we're able to move forward."

Legal experts said the defense's statement may be part of a larger strategy to avoid the death penalty. Holmes can still change his plea to not guilty by reason of insanity, and he can wait to do so until after prosecutors announce whether they will seek the death penalty.

"This just allows the defense to think through how they want to proceed," said Dan Recht, a Denver defense attorney who is following the case. "The odds are the prosecution is going to pursue the death penalty and literally Holmes' life is at stake, so they want to be able to think through all the pleas they can offer."

That makes it easier for the defense to plan its best case. Holmes could plead insanity and would wind up in a mental hospital indefinitely — and would never face execution — if the jury finds in his favor.

Holmes could also simply plead not guilty, and he wouldn't have to give prosecutors potentially incriminating medical records and statements made to doctors.

Attorneys on both sides left Tuesday's hearing without commenting. They are under orders from the judge not to speak about the case.

As he has done in past hearings, Holmes sat silently through the proceedings. He wore a red jail jumpsuit and sported a thick, bushy beard and unkempt dark brown hair. When he walked into the courtroom, he looked at his parents, Robert and Arlene Holmes. They sat silently at the front of the room and left without comment after the hearing.

Prosecutors say Holmes planned the assault for months, casing the theater complex in Aurora, amassing a small arsenal and rigging potentially deadly booby-traps in his apartment.

Then he donned a police-style helmet and body armor, tossed a gas canister into the theater crowd and opened fire, prosecutors said.